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Visualizing the Law: Using Charts, Diagrams, and Other Images to Improve Legal Briefs
Adam L. Rosman There is a mountain of advice about how to write a better legal brief. Most of the advice is about how to write more succinctly, clearly, and logically.1 There are also books, articles, and websites on style, grammar, and typography. As Professor Charles Wright says, the only tool of the lawyer is words.2 Words may be a lawyers primary tool, but theyre not the only tool. Wellcrafted imagescharts, diagrams, photographscan make your briefs more interesting and persuasive, and law schools would do well to incorporate instruction in visual presentation. A chart can persuasively show factual and legal points; a diagram can explain a cases procedural history, and a photograph can save ve pages of your brief.3 As Edward Tufte says, [w]ords and pictures belong together.4 Its why newspapers, magazines, and professional journals so often combine words and images to convey complex ideas.5
Adam L. Rosman is the General Counsel of Willis Group Holdings PLC. He is a former partner at Zuckerman Spaeder LLP and was an Assistant United States Attorney in Washington D.C. 1. See, e.g., Brian A. Garner, The Elements of Legal Style (Oxford Univ. Press, 2d ed. 2002); Ross Guberman, Point Made: How to Write Like the Nations Top Advocates (Oxford Univ. Press 2011); Matthew Butterick, Typography for Lawyers (Jones McClure Pub. 2010); Antonin Scalia & Bryan A. Garner, Making Your Case: The Art of Persuading Judges xix (West 2008). Garner, supra note 1, at xvi (foreword by Charles Alan Wright). See, e.g., Thomas G. Collins & Karen Marlett, New Tools Can Enhance Legal Writing, New York Law Journal, June 2003; Edward R. Tufte, Beautiful Evidence 122-139 (Graphics Press 2006); Edward R. Tufte, The Visual Display of Quantitative Information 180-182 (Graphics Press, 2d ed. 2001) [hereinafter Tufte, Visual Display]. Tufte, Visual Display, supra note 3, at 180. See, e.g., Stephen J. Rose, How We Spend And What That Tells Us About the Economy, The Atlantic, April 2012, at 46 (using text and charts to compare consumer spending habits in 1967 versus 2007); 10 States, Diverse Challenges, USA Today, Mar. 5, 2012, at 5a (discussing Super Tuesday in Republican primary race and using chart to show 10 states varying economic problems); Landon Thomas, Jr., Greece Nears the Precipice, Raising Fear, N.Y. Times, Sept. 19, 2011, at A1 (describing Greeces nancial condition and using diagram titled Greece on the Edge to show possible outcomes if Greece does not receive more nancial aid from other members of the European Union).

2. 3.

4. 5.

Journal of Legal Education, Volume 63, Number 1 (August 2013)

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Not surprisingly, lawyers have been slow to integrate images into their written work. Like any profession, change comes slowlythe law has been a text-only profession for hundreds of years. And unlike the physical sciences, the law usually deals in abstract ideas. A doctor can use an anatomical diagram to make a point, but its dicult for a lawyer to explain a legal concept in anything but words. And until recently, it has been expensive and timeconsuming to integrate images into a brief. But that has changed. Advances in computers make it relatively easy to integrate images with text, and theres every reason to think that courts (and other consumers of legal work) would welcome innovative displays of information. The legal brief itself, for example, has changed over time to reect changes in the practice. The modern brief, with mandatory procedural history, facts, and legal argument sections, is a relatively recent invention, not an ancient legal tradition.6 And the federal courts have reformed their rules in response to technological and other changes, most recently to accommodate advances in electronic record collection and storage.7 As Herald Fahringer said 30 years ago in Working With Words, most lawyers cheer any device that will help them understand the facts or issues of a case.8 There are several ways to use an image to improve your brief. Display an Important Fact That Text-Only Might Leave Flat Not: Moments after Defendant Frey disclosed the information, DynaCorps stock dropped from $64.27 to $2.45. But: Moments after Defendant Frey disclosed the information, DynaCorps stock dropped from $64.27 to $2.45.

6. 7. 8.

Helen Anderson, Changing Fashions in Advocacy: 100 Years of Brief-Writing Advice, 11 J. Prac & Process 1, 17 (2010) (surveying brief-writing advice). See the 2006 changes to Fed. R. Civ. Pro 16, 26, 33, 34, 37, and 45 in response to technological advances in record collection, storage, and publication. Herald P. Fahringer, Working With Words, N.Y. St. Bar J., Vol. 54, No. 3, Apr. 1982, at 167.

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Explain a Statute, Regulation, or Rule The ow chart below, adapted from an article about setting litigation loss reserves under Financial Accounting Standard 5, is an excellent example. In the articles text, the authors explain, among other things, that if a litigation loss is probable, and the loss can be reasonably estimated, then the company should set a loss reserve.9 After discussing other aspects of the issue, the authors use this chart to explain the concept:

9.

Jessica L. Evertt-Garcia, Dan L. Bagatell & Thomas Johnson, Top 10 Issues To Consider When You Are Sued: Issue #8: Disclosing Litigation and Reserving for Litigation Losses, Perkins CoieNews/Publications, Mar. 11, 2007, available at www.perkinscoie.com/news/ pubs_detail.aspx?publication=1323&op=updates.

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Similarly, a diagram can be used to explain a statute of limitations. Not: If a three-year statute of limitation applies, plaintis claim is time barred. If a 4-year statute applies, plainti can proceed. But: If a three-year statute of limitation applies, plaintis claim is time barred. If a 4-year statute applies, plaintis claim can proceed.

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Show the Passage of Time Its often useful in litigation to show that your opponent failed to act for a period of time, usually a long period of time. That point is usually most useful in a statute of limitations context, but can be applied more broadly, to show, for example, that a government agency abused its discretion by waiting so long to take action. Not: The government then waited until June 2012 to act. But: The government then waited for over three yearsuntil June, 2012 to act.

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Show Where Someone Was Its often necessary to prove where someone was at a particular time. This is especially true in a criminal casea key issue is often where the defendant was at the time of crime. Not: Two eyewitnesses conrmed that the defendant was on the northwest corner of Maple and Main at the time of the crime. But: Two eyewitnesses conrmed that the defendant was on the corner of Maple and Main at the time of the crime.

Clark Street, Chicago/iStockphoto.com

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This technique can help in civil cases too. Plaintis often need to prove that the CEO or board member was at a particular meeting when a key presentation was made. Not: Director Johnsons calendar showed that he was at the October 22 Board meeting. But: Director Johnsons calendar showed that he was at the October 22 Board meeting.

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Explain a Cases Procedural History The court needs to understand a cases procedural history before it can rule on factual and legal issues. But its often complex, confusing, and can take several pages to convey. A diagram can help the judge (and more importantly, the judges law clerks) quickly understand. Try something like the following:

The chart is intricate because the dataa lawsuits complex progression requires it. As Tufte says, [s]howing complexity is hard work.10
10. Edward R. Tufte, Envisioning Information 50 (Graphics Press 1990). Diagrams like the ones above are relatively easy to produce using graphic design programs imbedded in PCs and Macs. But another good option is to retain a graphic artist to produce diagrams for you. The diagrams in this paper were designed by XOTK Design (xotkdesign@gmail.com).

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Keeping Track of Whos Who Legal problems often involve a lot of peopleplaintis, defendants, CEOs, CFOs, boards of directors, etc. It gets confusing, and most lawyers use cheat sheets to keep things straight. Make it easier on your reader by doing the work for them. So: Not: The plaintis allege violations of the securities laws by Chief Executive Ocer Ralph Gilbert (Gilbert), Chief Financial Ocer Lester Stark (Stark), Chief Investment Advisor Graydon Treat (Treat), and Board Members Justin Bister (Bister), Mark Sholes (Sholes), Eric Duprey (Duprey), and Harvey Flexer (Flexer). Plaints allege that Gilbert and Stark, together with Bister, Treat, and Harvey conspired to . . . But: The plaintis allege violations of the securities laws by several of ABC Corporations Ocers and Directors. For ease of reference, they are set out below:

Specically, plaintis allege that CEO Gilbert materially mislead investors during the April 23 earnings call when he . . .11
11. As an aside, theres no need to write (Gilbert) after writing Ralph Gilbertits a distracting, lawyerly habit that does nothing but ruin the ow of your sentences. Just take a look at the paragraph above.) At the very least, if you must say Gilbert right after saying Ralph Gilbert, dont put the second Gilbert in quotation marks; just write (Gilbert). Its less distracting.

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A subset of this category is showing the changing composition of a board or other organization. Its often important in litigation to show that personnel have changed over time: Not: From 2006 to 2008 the Board was made up of Jones, Stephens, Edwards, Kahn, and Veasy. In 2009, Edwards resigned but the Board expanded to include Forester. In 2010, Jones resigned but the Board expanded again to include Shapiro and Galenter. In 2011, Kahn resigned but was replaced by Spellman. Ludlow took Joness vacant seat in 2012. But: From 2006 to 2008 the Board was made up of Jones, Stephens, Edwards, Kahn, and Veasy. In 2009, Edwards resigned but the Board expanded to include Forester. In 2010, Jones resigned but the Board expanded again to include Shapiro and Galenter. In 2011, Kahn resigned but was replaced by Spellman. Ludlow took Joness vacant seat in 2012. Graphically, the Board looked like this over time:

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Explain the Relationships Between and Among the Parties Lawsuits are often factually complex, and its sometimes dicult to keep clear who has sued whom for what, how much, and why. Lawyers have to spend a lot of paper explaining those relationships. In addition to the text, use a diagram. Not: Corporation ABC needed insurance for its factory. ABC retained an outside consultant who in turn retained an insurance broker. The broker agreed to give 20 percent of its commission to the consultant. Broker then found InsurCo to cover ABCs risk for a premium of $1,000,000. Broker got 10 percent commission, paid by the insurance company. But: Corporation ABC needed insurance for its factory. ABC retained an outside consultant who in turn retained an insurance broker. The broker agreed to give 20 percent of its commission to the consultant. Broker then found InsurCo to cover ABCs risk for a premium of $1,000,000. Broker got 10 percent commission, paid by the insurance company.

Using an image can help your brief in several ways. But two principles are important. First, always insert the image close to the relevant text, in the body of the brief. This serves the convenience and understanding of readers, who can view a diagram and its relevant text together.12 Never tuck the diagram into a back-of-the-brief appendix, which forces the reader to ip back-andforth and defeats the purpose of the image in the rst place: to make life easier for the reader. Second, whether you use a chart, diagram or other visual aid, it must be crafted with the same care and precision as the words surrounding it. Whatever the image, it should convey a sense of craft, detail, and credibility.13
12. 13. Tufte, Beautiful Evidence, supra note 3, at 110. There is a lot of guidance about drawing good diagrams, charts and other visual aids. See e.g., William Lidwell, Kristina Holden & Jill Butler, Universal Principles of Design (Rockport Publishers, 2d ed. 2010); Tufte, Beautiful Evidence, supra note 3; Collins & Marlett, supra note 3 (citing Tufte). For a more technical analysis of diagramming in law, see Chris Reed,

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Applying these principles and integrating charts, diagrams, and other images into your briefs will make certain that words are not your only tool. By incorporating instruction in visual presentation into legal writing and other courses, law schools can help build this crucial skill.

Douglas Walton & Fabrizio Macagno, Argument Diagramming in Logic, Law and Articial Intelligence, available at www.tillers.net.